PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Loyola College

Full Case Name
PEOPLE'S COUNSEL FOR BALTIMORE COUNTY, et al. v. LOYOLA COLLEGE IN MARYLAND
Description

The County granted Loyola College a special exception to build a retreat center on a property in the Resource Conservation zone in Maryland. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. Loyola College proferred testimony that their use of the property would have minimal impact on the zone, including light pollution. The Court found the county could grant Loyola College a special exception to use the property for a retreat center and did not need to compare its potential adverse effects to other similiarly zoned locations in the jurisdiction.

Date
09-09-2008
Court
Court of Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Incident Location
Baltimore County, MD
Disputed Act

Loyola College purchased a property in the Resource Conservation zone, which has the purpose "to foster conditions favorable to a continued agricultural use of the productive agricultural areas of Baltimore County by preventing incompatible forms and degrees of urban uses." The County granted Loyola College a special exception to build a retreat center on this property. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. At the trial court, Loyola College presented evidence that there would be minimal impact from their use of the property and that outdoor lighting at the Retreat Center would be "dark skies compliant."

Holding
The Court affirmed the lower court's judgment dismissing the case. The Court found there was no requirement that the zoning body must consider a comparison of the potential adverse effects of the proposed use at the proposed location to the potential adverse effects of the proposed use at other, similarly zoned locations throughout the jurisdiction in order to grant a special exception to the Resource Conservation zone.
Disposition